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freitasm

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#272477 26-Jun-2020 16:23
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Just received:

 

 

A Bill to replace New Zealand’s Privacy Act passed its third reading in Parliament today, Justice Minister Andrew Little has announced.

 

“The protections in the Privacy Bill are vitally important. The key purpose of the reforms is to promote and protect people’s privacy and give them confidence that their personal information is properly safeguarded,” said Andrew Little.

 

The Bill introduces new mechanisms to promote early intervention and risk management by agencies rather than relying on people making complaints after a privacy breach has already happened. The Bill’s reforms will also enhance the role of the Privacy Commissioner and strengthen protections for information disclosed overseas.

 

Key changes include:

 

  • mandatory reporting of privacy breaches
  • enabling the Privacy Commissioner to issue compliance notices
  • strengthening cross-border data flow protections
  • allowing the Privacy Commissioner to make binding decisions on access requests
  • permitting class actions in the Human Rights Review Tribunal by persons other than the Director of Human Rights Proceedings, and
  • new criminal offences.

 “Further reforms, such as a right to be forgotten or much higher penalties, require careful consideration, policy development and consultation. Given the rate of technological change and continued evolution of privacy standards, I anticipate a need for ongoing review of our privacy law to ensure it can continue to address the challenges of the digital age.”

 

The Bill will come into force on 1 December 2020.

 

 

I've linked to the Part 6 where the mandatory report of privacy breaches is clarified.





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  #2513117 26-Jun-2020 17:19
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Hooray!

At last




Lias
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  #2513194 26-Jun-2020 18:06
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Mandatory reporting is a good start.. ridiculously huge fines for companies that don't take all practical steps to safeguard your privacy would be better.





I'm a geek, a gamer, a dad, a Quic user, and an IT Professional. I have a full rack home lab, size 15 feet, an epic beard and Asperger's. I'm a bit of a Cypherpunk, who believes information wants to be free and the Net interprets censorship as damage and routes around it. If you use my Quic signup you can also use the code R570394EKGIZ8 for free setup.


freitasm

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  #2613882 1-Dec-2020 11:33
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The Privacy Act 2020 comes into force today. Here's the announcement from the Privacy Commissioner:

 

 

New Zealand’s Privacy Act 2020 has come into force.

 

The new law affords New Zealanders better privacy protections, and organisations and businesses greater obligations when handling personal information. The new Act also gives the Privacy Commissioner greater powers to ensure organisations and businesses comply with the Act.

 

Privacy Commissioner John Edwards welcomes the Privacy Act 2020, noting that the new law reflects the changes in New Zealand’s wider economy and society as well as a modernised approach to privacy. “The new Act brings with it a wider range of enforcement tools to encourage best practice, which means we are now able to take a different approach to the way we work as a regulator,” he says.

 

The Office of the Privacy Commissioner has produced resources and guidance to help people and organisations understand what’s changing in the Privacy Act.

 

Key changes in the Privacy Act 2020 include:

 

Notifiable privacy breaches

 

The Privacy Act 2020 introduces new privacy breach reporting obligations. If a business or organisation has a privacy breach that it believes has caused (or is likely to cause) serious harm, it will need to notify the Office of the Privacy Commissioner and affected individuals as soon as possible. Use the NotifyUs tool to report a privacy breach.

 

New criminal offences

 

The Act introduces new criminal offences. It will now be an offence to mislead an agency to access someone else’s personal information – for example, impersonating someone in order to access information that you are not entitled to see. It will also be an offence for an organisation or business to destroy personal information, knowing that a request has been made to access it. The penalty for these offences is a fine of up to $10,000.

 

Compliance notices

 

The Privacy Commissioner will be able to issue compliance notices to businesses or organisations to require them to do something, or stop doing something, to comply with the Privacy Act 2020.

 

Enforceable access directions

 

The Privacy Commissioner will be able to direct an organisation or business to confirm whether they hold personal information about an individual and to provide the individual with access to that information.

 

Disclosing information overseas

 

A new privacy principle 12 has been added to the Privacy Act to regulate the way personal information can be sent overseas. Under principle 12, an organisation or business may only disclose personal information to an agency outside of New Zealand if the receiving agency is subject to similar safeguards to those in the Privacy Act 2020.

 

Extraterritorial effect

 

An overseas business or organisation that is ‘carrying on business’ in New Zealand will be subject to the Act’s privacy obligations, even if it does not have a physical presence here. This will affect businesses located offshore.

 

Visit the ‘Privacy is precious’ campaign page.

 





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MurrayM
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  #2614536 2-Dec-2020 09:09
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Extraterritorial effect

 

An overseas business or organisation that is ‘carrying on business’ in New Zealand will be subject to the Act’s privacy obligations, even if it does not have a physical presence here. This will affect businesses located offshore.

 

 

Interesting. So does that mean any business with a website that sells to Kiwis must follow our Privacy Bill? Eg Amazon, Aliexpress, eBay, etc?


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